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WILLIAM P. CHILTON. 



Photograph by Arthur B. Chilton, from a painting in the 
Supreme Court Room, State Capitol, Montgomery, Ala. 



Centenary Sketch 

0/ William P. Chilton 

BY 
CLAUDIUS LYSIAS CHILTON 



MCMX 



.*/ 



Compliments of 
ARTHUR BOUNDS CHILTON 



Set up and printed at the Paragon Press, Montgomery, 
Alabama, by Arthur B. Chilton. 



WdtvwUlk. tUUCffvJ 



ALia. 



Centenary Sketch of William P. Chilton 



That is but sorry modesty that would refrain from 
burnishing an illustrious name lest some reflected glory 
should fall upon one's hand; and so the writer makes 
no apology for the following — being prompted conscious- 
ly by no other motive than filial respect and love; for, 
next to the Good Father in Heaven, is a good father on 
earth, and it seems more a shame to omit than to give 
him loving praise. 

And so, as his youngest son, is seems to me not in- 
appropriate that for the sake of those who are to live 
after me, and who will scarcely know of such things 
apart from such means, that I should call to mind by 
some such service as this, brief though it be, and all 
inadequate, the life and virtues of so good and great 
a man on this the one hundredth anniversary of his 
birth. 

William Parish Chilton was born near Elizabethtown, 
in Adair County, Kentucky, August the tenth, 1810. 
His father was Rev. Thomas John Chilton, and his 
mother was Margaret Bledsoe Chilton. His father was 
born in Virginia, — Loudon County I think, and was a 
Baptist preacher of note and influence in his day. The 
father of his wife was also a Baptist preacher. 

Of the early life of William P. Chilton but little is 
known. It is likely that William went to school to his 
older brother Thomas, or that he was taught by his 
father. He taught school himself when he was seven- 
teen years of age. When about eighteen he went to 
Athens, Tennessee, and, living with his older sister, Mrs. 
Charles Metcalf, read law under the direction of the 
eminent Return J. Meigs. When he was nineteen years 
of age he married Mary Catherine, the oldest daughter 
of George and Frances Irby Morgan, and when he was 
about twenty-one he emigrated to Alabama, then but 



sparsely settled and full of Indians, — moved from 
Athens, Tennessee to Alabama in 1833 or '34 in a "car- 
ry-all," a covered spring wagon common in those days, — 
with his wife and little one and a few servants. Once 
in Alabama, he fully identified himself with all her in- 
terests, fought her battles as his own, and sleeps in 
her bosom. 

He located in Mardisville, in Talladega County, as that 
was then the Land Office of the State, and shortly af- 
ter moved to Talladega, the county seat. 

Here he remained practicing law until about 1846, 
when he removed to Tuskegee, Alabama. He lived in 
Tuskegee until 1859, when he removed to Montgomery, 
which was his home until his death, January 20, 1871. 
He was twice married ; first to Mary and next to Elvira, 
daughters of George and Frances Morgan — the parents 
also of John T. Morgan. He was the father of twelve 
children, ten of whom survived him . 

William P. Chilton had two brothers: Hon. Thomas 
Chilton, one of the representatives in Congress from the 
State of Kentucky in 1827, and afterwards a Baptist 
preacher of note in Alabama and Texas, and Dr. Lysias 
Chilton of Tennessee; one sister, Mrs. Jane Metcalf of 
Nashville, Tennessee. 

HIS PUBLIC SERVICE. 

After settling in Talladega in 1834, Judge Chilton 
began his public career in 1839, (being a Whig in pol- 
itics) as a member of the House of Representatives of 
Alabama, and, as Garrett says in "Alabama Reminis- 
cences," "at once took high rank as a debater and ready 
business man, and was considered the most rising young 
character in the House. In the presidential canvass of 
1840 and 1844, he was active in the support of General 
Harrison and Mr. Clay, often addressing large assem- 
blages of the people at mass meetings and in Tippe- 
canoe and Ashland clubs. In this field he was a power 



within himself; eloquent, logical, and abounding in 
anecdote and humor. In 1843 he opposed General Felix 
McConnell for Congress, whose personal popularity, ad- 
ded to the large Democratic majority in the district, 
prevailed in the contest. 

"In 1847 Mr. Chilton was elected a judge of the Su- 
preme Court, and in 1849, on the resignation of Judge 
Collier, he succeeded to the rank of Chief Justice, which 
he retained for several years. In 1859 he was elected 
Senator from Macon County, and took a leading part 
in the measures of that period. His acknowledged abil- 
ities and ripe experience made him a principal figure in 
any deliberative body of which he was a member. 
In 1861 Judge Chilton was a member of the Confede- 
rate Provisional Congress, and was re-elected in 1863. 
He served on the most important committees and exerted 
himself as best he could to serve the cause with which 
he was identified as a Southern patriot and statesman. 
He was connected officially with the Confederate govern- 
ment from its inception at Montgomery in 1861 until 
the surrender of its army in 1865." . While opposed to 
secession as being unwise, as soon as it was a fact, he 
went into the Confederacy with all his soul, took part 
in the inauguration of Jefferson Davis, escorting Mr. 
Davis to the Capitol on that occasion, and stood by the 
Confederacy to the bitter end. After the war, he de- 
voted himself entirely to his profession.. 

AS A JURIST. 

It would be impossible, in the small space that I have 
allotted, to more than hint at the great number of en- 
comiums that were passed upon Judge Chilton at the 
time of his death with reference to his legal ability and 
standing. There were few, if any lawyers in the State, 
more universally known and respected. The Bar of 
Mobile, Selma and Montgomery met and passed resolu- 
tions with reference to him at the time of his death. 



Perhaps nothing could be said in regard to the sub- 
ject of this sketch as a lawyer more appropriate than 
what was said at the meeting of the Bar of the City 
of Montgomery and those in attendance upon the Su- 
preme Court in the presence of that Court on the 23d 
day of January, 1871. 

The resolutions then adopted prepared by Messrs. Geo. 
W. Stone, A. J. Walker and Thomas H. Watts were in 
part as follows: 

"Whereas, by a dispensation of Providence, sad as it 
is mysterious, our brother, the Honorable William P. 
Chilton, has been struck down in our midst; Therefore, 

Resolved unamimously by the members of the bar of 
Montgomery, That in the death of our brother, we have 
lost one of the most honored and honorable members of 
our profession, the country has lost one of its most 
distinguished, beloved and patriotic citizens, and his 
family has lost all that is dear and lovable in a husband 
and a father. 

Resolved, That in contemplating his character, we 
'dwell v/ith pride and supreme pleasure on the fact that 
our lamented brother has presented to society and to 
the world a model of Christian benevolence, enlarged 
philanthrophy and spotless integrity worthy of all em- 
ulation ; and these sublime virtues, combined with dis- 
tinguished professional attainments, have been deserv- 
edly rewarded with the highest judicial honor which his 
State had the power to bestow upon him. 

Resolved, That we, as a band of brothers, will attend 
the funeral of our deceased brother, and we cordially 
invite the members of the Supreme Court of Alabama, 
now in session, the presiding Judge and officers of the 
District Court of the United States for the Middle Dis- 
trict of Alabama, the members and officers of all other 
courts in the City of Montgomery, all judicial officers 
and attorneys now visiting the City of Montgomery, 
and the Governor, the Lieutenant Governor, members of 



the legislature, and all other executive and legislative 
officers of the State, to unite with us in rendering this 
last solemn duty of affection to our deceased brother." 



In speaking to these resolutions, Honorable John W. 
A. Sanford, then Attorney General, said: 

''May it please the Court: 

"The Honorable William P. Chilton, formerly a chief 
justice of this court, died in Montgomery on last Friday 
night. 

"He became a citizen of Alabama more than thirty 
years ago, and for more than a quarter of a century he 
stood in the foremost files of her illustrious men. This 
position was the natural result of his large endowments, 
of his manifold and comely virtues, and his attractive 
traits of character. His talents were developed by lib- 
eral culture, and well disciplined by the labors incident 
to a successful professional career. For there was no 
learning of his profession to which he had not assidu- 
ously devoted himself, and none in which he was not 
proficient. Such acquirements alone would have con- 
ferred distinction upon him. But to these he united a 
thorough knowledge and cordial appreciation of the peo- 
ple among whom he lived; a strong fellow feeling with 
them in all the vicissitudes of their fortune; a sagacity 
rarely at fault, and uncommon tact, that rendered him 
a prosperous advocate. So that I might almost say of him 
what Cicero said of one of his friends — that he was the 
most eloquent of those skilled in jurisprudence, and the 
most learned of those who had dedicated themselves to 
the study of eloquence. 

"His attainments and achievements gave him a manly 
confidence so essential to success, but they never made 
him arrogant in his manners or intolerant of the errors, 
or blunders, or ignorance of less gifted persons. Es- 
pecially was he kind in his deportment towards the 

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younger members of the profession. To the strong he 
suggested methods of improvement; to the diffident he 
gave encouragement, and to all he imparted information 
upon every subject connected with their pursuit. This, 
however, was in accordance with the benevolence and 
beneficence that always characterized his conduct. 

"He was energetic and zealous in the prosecution of 
whatever engaged his attention ; but his energy never 
degenerated into harshness, nor did his zeal ever dwindle 
into discourtesy. He possessed great amiability. If he 
was 'slow to anger, he was plenteous in mercy.' He 
was catholic in his sympathies, and so rightly endowed 
with friendliness that he could not cherish enmity; and 
malice was utterly foreign to him. He was gentle as 
charity. But this did not detract from his manliness. 
Indeed, it heightened it, and bestowed an additional 
grace upon his character. He was generous and genial 
in his intercourse with the world. His whole nature had 
a look southward, and his heart was several degrees 
nearer the equator than his climate. He was earnest in 
his convictions and faithful to them, but he was not 
fanatical in his opinions. He was liberal in his senti- 
ments, and never gave to party what was meant for his 
country. 

"These are a few of the qualities that made him so in- 
fluential and popular in 1847, and although he belonged to 
a political organization that was in a minority, he was 
chosen to be a judge of the Supreme Court of this State. 
In that office he increased his reputation and enlarged 
the circle of his friends. He believed with Lord Bacon, 
that judges should not be 'hard-headed, but strong 
hearted,' and 'ought to be more learned than witty, 
more reverend than plausible, more advised than con- 
fident. Above all things, integrity is their portion and 
proper virtue.' Hence, during the eight years he was 
Justice and Chief Justice of this court, he was laborious, 
painstaking and conscientious in the discharge of his 
duties. His opinions were carefully prepared, are well 



sustained by precedents, and are clearly expressed. He 
was patient in hearing arguments, that he might be well 
advised; thus obeying the injunction given by the great 
philosopher and chancellor to Justice Hutton, 'that you 
affect not the opinion of pregnancy and expedition by 
an impatient and catching hearing of counsellors at the 
bar!' His integrity was as great as that of any man's 
who ever sat upon the Bench. Like Sir Thomas More, 
he would have worn the gloves from regard to the donor, 
and like him he would have refused the coin out of re- 
spect for himself; like him, too, he might have drank 
the wine, but like him, also, he would certainly have 
returned the golden goblet. For, 

'In Israel's courts ne'er sat an Abethdin 
With more discerning eye, or hands more clean.' 

"In commemoration of his virtues, and as a feeble ex- 
pression of their sorrow, the members of the bar of 
Montgomery have adopted these resolutions, which I ask 
may be spread upon the Minutes of this Court. 

The Chief Justice responded as follows: 

"The melancholy announcement made to the court, and 
the impressive manner in which it is made, almost unfit 
m.e to make a suitable and appropriate response. Our 
sympathies are deeply moved, and our hearts filled with 
sorrow and sadness. 

"A noble and generous spirit has been suddenly taken 
from among us. 

"The loss of a friend by the ordinary providences, after 
the mind is, in a certain sense, in some manner pre- 
pared for it, is an affliction hard to be borne; but, when 
suddenly taken from us by some distressing calamity — 
some extraordinary and inscrutable providence, unex- 
pected, unlookedfor, and unprepared for — the heart is 
crushed, and we become dumb, as it were, in the very 

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presence of our Maker. What a lesson to teach us not 
to suffer our thoughts and our time to become too much 
engrossed with the follies and pleasures of this world, 
its pomp and its vanities. 

"At such a time, as at all times, how appropriate and 
impressive is the prayer of the psalmist, 'Lord, so teach 
us to number our days that we may apply our hearts 
unto wisdom!' 

"It was my good fortune and happiness to become ac- 
quainted with Judge Chilton on his first coming to this 
State, more than thirty years ago, and, being both en- 
gaged in the same profession, and practicing in the 
same courts, to see and know much of him. In social 
life he was cheerful and genial, a pleasant companion, 
and a sincere, faithful and trusted friend. As a law- 
yer, he was an honest and safe adviser to his clients, 
and their able and eloquent advocate. He was quick to 
discover any fault or blunder in an opponent, on the 
trial of a cause, and skillful, though always courteous, 
in taking advantage of it. 

"As a judge he was conscientious, impartial and ac- 
complished, discharging all the duties of his high office 
with great industry, faithfulness and ability, both to the 
satisfaction of the public and his friends, and com- 
manded the highest respect, and enjoyed the entire con- 
fidence of the members of this bar practicing in this 
court. 

"His death is an irreparable loss to his family, and 
to the community in which he lived a loss that cannot be 
easily supplied. 

"The last sad office to the body has been affectionately 
discharged; it is buried, and it only remains for us to 
cherish his memory and to practice his virtues. 

"Let the resolutions be entered upon the Minutes of 
the court, and at the request of the bar, the response of 
the chief justice, for the court, is also permitted to be 
entered upon the Minutes." 



The court then adjourned till Tuesday morning, at 
ten o'clock, in honor of the illustrious deceased. 

Judge Chilton was not only a lawyer, but a teacher of 
law. Even in Talladega, a number of the most famous 
lawyers of the State read law under him, among them 
John T. Morgan. After moving to Tuskegee, he estab- 
lished a regular law school, which was attended by 
young men from all over the country, and some of 'his 
students have achieved the highest distinction in this 
and other states. While in Texas a number of years 
ago, the writer was informed that two or three of the 
then Supreme Judges of the State of Texas had read 
law under Judge Chilton. 

CHARACTER. 

The following extract, taken from a sketch written 
by Rev. Samuel Henderson, D. D., his pastor for a num- 
ber of years, illustrates the estimation in which he was 
held by thousands : 

*'A Christian man, whom, in some aspects of his char- 
acter we do not scruple to Fiay we have never known 
surpassed. Among a thousand men, a stranger would 
have been apt to ask first of all who he was. His whole 
contemperam.ent, intellectual and moral, with a grand 
personnel that ever made him the 'observed of all ob- 
servers,' combined to make him one of the most charm- 
ing characters that ever adorned the Christian pro- 
fession. There seemed to be a kind of sympathy be- 
tween the interior and exterior man, between the jewel 
and the casket, as if the Divine Being had intended to 
set off to advantage the moral beauty of the one by the 
physical symmetry of the other. In his case all the 
kindly virtues were as nicely balanced and as accurate- 
ly circumscribed within their appropriate limits as hu- 
man frailty ever admits. In the exercise of these ami- 
able graces he was singularly gifted in always doing the 



right thing at the time and place, and in that spirit and 
measure that met every demand; and then, as if to in- 
vest such princely moral organism with every advan- 
tage, he was endowed with a massive intellect that made 
him the peer of any man in the State." 

At the time of his death both Houses of the Legis- 
lature, then in session, adjourned, at the suggestion of 
a message from Gov. Lindsay, in which he said "Judge 
Chilton was one of our best beloved citizens; eminent as 
a jurist, and the people of Alabama have often honored 
him with their public esteem and confidence. As a mem- 
ber of the Legislature, as a Member of Congress, and 
as the Chief Justice of our Supreme Court, he dis- 
charged his duties with devotion and zeal. In the halls 
of legislation he was a statesman, and he adorned the 
bench by his integrity and learning. The loss of such 
a man is a public calamity, and it is fit that the depart- 
ments of the government of the State he loved so well 
should pay tribute to his memory." 

In pursuance of this suggestion, the House passed 
resolutions on January 21, 1871, in part as follows: 
"Whereas, the said William P. Chilton has for many 
years been identified with the history of Alabama, con- 
tributing by his great wisdom, profound learning, and 
spotless integrity, to the honor and welfare of the State, 
therefore be it resolved, that the House of Representa- 
tives, out of respect to the memory of the deceased, ad- 
journ until ten o'clock a. m. on Monday." 

On the Monday following, the Senate passed the fol- 
lowing resolutions : "Resolved, that in the death of Hon. 
William P. Chilton, the State has lost one of her most 
valued, eminently useful and distinguished citizens; the 
community in which he dwelt, one of its brightest ex- 
emplars and ornaments; the Church of which he was 
a communicant, who, by a consistent and godly 'walk 
and conversation' manifested the sincerity of his pro- 
fession; the legal fraternity an associate whose noble- 
ness and purity of character was as conspicious and 

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unsullied as his talents were pre-eminent; and his strick- 
en family a guide and protector whose void cannot be 
filled." 

The press of the whole State was unanimous, at the 
time of his death, in ascriptions of praise to his char- 
acter. Statements like the following appeared through- 
out the State press: 

Montgomery Advertise^' : "His loss will not only be pro- 
foundly felt by this particular community, where he has 
resided for years past, and where he was surrounded 
with the friendship and affection of all our citizens, but 
the grief occasioned by his death will be shared by the 
whole commonwealth. Without fortune or friends at 
the commencement of his career in Alabama, by dili- 
gent pursuit of his profession, by his natural kindness 
and amiability of manners, and by the force of his splen- 
did talents, Judge Chilton succeeded in making his way 
to the front rank among the ablest and most famous 
men in the State.* * * He was a lawyer of great 
learning and possessed of forensic abilities of a very 
high order. He was a kind and indulgent father, a gen- 
erous and faithful friend, a devoted husband, a pious 
member of the Baptist Church, and an exemplary cit- 
izen." 

Said the Selma Times: "From the very dawn of his 
professional career, through a long life as attorney, 
judge, and throughout his political life, he maintained 
a spotless Christian piety, and always walked in the 
path of moral rectitude. Judge Chilton was one of the 
most remarkable men that Alabama ever produced, and 
the memory of his worthy deeds will last so long as the 
State itself lives in history." 

The Daily State Journal: "No event has recently 
transpired in Alabama that will cause more sincere re- 



gret among all the people than the death of Judge Will- 
iam P. Chilton. Standing in the front rank among the 
gifted sons of our State, he was universally honored 
and respected." 

Judge Percy Walker said, in response to the resolu- 
tions of the Bar of Mobile, "The Court most cordially 
approves and endorses the resolutions just read, and or- 
ders that they be spread upon the minutes. Judge Chil- 
ton was a man of most estimable traits and noble qual- 
ities. He knew how to adhere firmly to his own polit- 
ical opinions, and yet to be free from political rancor; 
his benevolence was not only spontaneous, but it was 
without ostentation; his philanthropy knew neither wet 
nor dry seasons, but through the parching heat of sum- 
mer and the chillness of winter it flowed with a steady 
and perennial stream, bearing blessings to those who 
were ready to perish and bespeaking the innate nobility 
of his soul. He was a learned and conscientious jurist, 
a steadfast friend, a placable enemy, a useful citizen and 
a pure judge. To borrow one of Burns's pithy phrases, 
he 'held his patent of nobility direct from God,' and he 
left no stain upon the spotless roll. When so pure, so 
noble and so good a man falls into the grave, it is fitting 
that those of us who survive him should give him the 
applause due to a life of purity, usefulness and virtue." 



At the time of his death Judge Chilton was Grand 
Master of the Free and Accepted Masons of the State 
of Alabama, and also a member of the Grand Comman- 
dery. It would require quite a volume to print even 
the resolutions of respect and sympathy tendered to the 
family. His funeral was attended, not only by thousands 
of citizens, but by the Supreme Court, both houses of 
the Legislature, all the Masonic bodies, and the Bar 
of the city in body. He lived nobly, he died in peace; 
his children rise up to call him blessed. Surely "a good 

[12] 



name is rather to be chosen than great riches, and lov- 
ing favor rather than silver and gold." 

"O, may we triumph so, 

When all our warfare's past, 

And dying, find our latest foe, 
Under our feet at last." 

CLAUDIUS LYSIAS CHILTON. 

Montgomery, Alabama, 
August 10, 1910. 



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